Lapas attēli
PDF
ePub
[blocks in formation]

(As amended Oct. 13, 1972, Pub. L. 92-492, § 2(a), 86 Stat. 810.)

AMENDMENTS

1972-Cl. (1). Pub. L. 92-492 added provision including within the term "Territory" for the purposes of this title and other laws relating to the militia, the National Guard, the Army National Guard of the United States, and the Air National Guard of the United States, the Virgin Islands.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 section 101.

§ 107. Availability of appropriations.

(a) Under such regulations as the Secretary concerned may prescribe, appropriations for the National Guard are available for

(b) The expenses of enlisted members of the Regular Army or the Regular Air Force on duty with the National Guard shall be paid from appropriations for the Army National Guard or the Air National Guard, as the case may be, but not from the allotment of a State or Territory, Puerto Rico, the Canal Zone, or the District of Columbia. Payable expenses include allowances for subsistence and quarters under sections 402 and 403 of title 37 and expenses for medicine and medical attendance. (As amended Aug. 13, 1971, Pub. L. 92-119, § 1(a), 85 Stat. 340.)

AMENDMENTS

1971-Pub. L. 92-119, § 1(a) (1), substituted "Availability" for "Apportionment" in the catchline.

Subsec. (a). Pub. L. 92-119, § 1(a) (2), (3), (4), redesignated former subsec. (b) as subsec. (a), and in subsec. (a) as so redesignated, substituted "appropriation for the National Guard" for "apportioned appropriation". Former subsec. (a), which provided for the apportionment of appropriations for the Army National Guard and Air National Guard under prescribed formulas among the states, territories, Puerto Rico, the Canal Zone, District of Columbia, was stricken.

Page 1277

Subsec. (b). Pub. L. 92-119, § 1(a) (4), redesignated former subsec. (c) as subsec. (b). Former subsec. (b) redesignated subsec. (a) and amended.

Subsec. (c). Pub. L. 92-119, § 1(a) (4), redesignated former subsec. (c) as subsec. (b).

Chapter 3.-PERSONNEL

§ 307. Federal recognition of officers: examination; certificate of eligibility.

(g) Federal recognition may not be extended in the case of any member of the National Guard of the Virgin Islands in any grade above colonel. (As amended Oct. 13, 1972, Pub. L. 92-492, § 2(b), 86 Stat. 810.)

AMENDMENTS

1972-Subsec. (g). Pub. L. 92-492 added subsec. (g).

Chapter 5.-TRAINING

§ 502. Required drills and field exercises.

(a) Under regulations to be prescribed by the Secretary of the Army or the Secretary of the Air Force, as the case may be, each company, battery, squadron, and detachment of the National Guard, unless excused by the Secretary concerned, shall

(1) assemble for drill and instruction, including indoor target practice, at least 48 times each year; and

(2) participate in training at encampments, maneuvers, outdoor target practice, or other exercises, at least 15 days each year.

However, no member of such unit who has served on active duty for one year or longer shall be required to participate in such training if the first day of such training period falls during the last one hundred and twenty days of his required member ship in the National Guard.

[blocks in formation]
[merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small]

allowances, made before or after the effective date of this section, to or on behalf of a member or former member of the National Guard, the collection of which would be against equity and good conscience and not in the best interest of the United States, may be waived in whole or in part by— (1) the Comptroller General; or

(2) the Secretary concerned, as defined in section 101(5) of title 37, when

(A) the claim is in an amount aggregating not more than $500;

(B) the claim is not the subject of an exception made by the Comptroller General in the account of any accountable officer or official; and

(C) the waiver is made in accordance with standards which the Comptroller General shall prescribe.

(b) The Comptroller General or the Secretary concerned, as the case may be, may not exercise his authority under this section to waive any claim— (1) if, in his opinion, there exists, in connection with the claim, an indication of fraud, misrepresentation, fault, or lack of good faith on the part of the member or any other person having an interest in obtaining a waiver of the claim; or

(2) if application for waiver is received in his office after the expiration of three years immediately following the date on which the erroneous payment of pay or allowances, other than travel and transportation allowances, was discovered. (c) A person who has repaid to the United States all or part of the amount of a claim, with respect to which a waiver is granted under this section, is entitled, to the extent of the waiver, to refund, by the department concerned at the time of the erroneous payment, of the amount repaid to the United States, if he applies to that department for that refund within two years following the effective date of the waiver. The Secretary concerned shall pay from current applicable appropriations that refund in accordance with this section.

(d) In the audit and settlement of accounts of any accountable officer or official, full credit shall be given for any amounts with respect to which collection by the United States is waived under this section.

(e) An erroneous payment, the collection of which is waived under this section, is considered a valid payment for all purposes.

(f) This section does not affect any authority under any other law to litigate, settle, compromise, or waive any claim of the United States. (Added Pub. L. 92-453, § 2(1), Oct. 2, 1972, 86 Stat. 759.)

REFERENCES IN TEXT

Effective date of this section, referred to in subsec. (a), means the effective date of Pub. L. 92-453, which was approved Oct. 2, 1972.

Chap.

TITLE 33.-NAVIGATION AND NAVIGABLE WATERS

24. Vessel Bridge-To-Bridge

Sec.

Communication

[New]

1201

[blocks in formation]

§ 59j. Delaware River, Philadelphia County, Pennsylvania; permanent structures.

The portion of the Delaware River in Philadelphia County, Commonwealth of Pennsylvania, lying between all that certain lot or piece of ground situate in the second and fifth wards of the city of Philadelphia described as follows:

Beginning at a point on the easterly side of Delaware Avenue (variable width) said side being the bulkhead line of the Delaware River (approved by the Secretary of War on September 10, 1940), at the distance of 1,833.652 feet from an angle point on the easterly side of said Delaware Avenue south of Washington Avenue;

thence extending along the easterly side of said Delaware Avenue the following courses and distances, (1) north 0 degree 45 minutes 33.2 seconds west 2,524.698 feet to a point; (2) north 9 degrees 36 minutes 25 seconds east, 2,168.160 feet to a point; (3) north 13 degrees 26 minutes 45.8 seconds east, 2,039.270 feet to a point; (4) north 20 degrees 12 minutes 52.4 seconds east, 35.180 feet to an angle point in Delaware Avenue; thence continuing north 20 degrees 12 minutes 52.4 seconds east along the said bulkhead line, the distance of 574.970 feet to a point on the south house line of Callowhill Street produced;

thence extending along the south house line of Callowhill Street produced south 80 degrees 47 minutes 30.6 seconds east, the distance of 523.908 feet to a point on the pierhead line of the Delaware River (approved by the Secretary of War on September 10, 1940);

thence extending along the said pierhead line the following courses and distances, (1) south 17 degrees 52 minutes 48.5 seconds west, 605.262 feet to a point; (2) south 14 degrees 14 minutes 14.7 seconds west, 1,372.530 feet to a point; (3) south 10 degrees 37 minutes 35.3 seconds west, 1,252.160 feet to a point; (4) south 8 degrees 23 minutes 50.4 Page 1279

seconds west, 1,450.250 feet to a point; (5) south 2 degrees 22 minutes 45.9 seconds west, 1,221.670 feet to a point; (6) south 1 degree 4 minutes 36 seconds east, 1,468.775 feet to a point on the north house line of Catherine Street extended, thence extending north 76 degrees 56 minutes 29.2 seconds west, the distance of 555.911 feet to the first mentioned point and place of beginning is hereby declared not to be a navigable water of the United States within the meaning of the Constitution and laws of the United States, and the Consent of Congress is hereby given, for the filling or erection of permanent structures in all or any part of the described area.

(Pub. L. 92-605, § 1, Oct. 31, 1972, 86 Stat. 1493.) PERMANENT STRUCTURES IN ABOVE-DESCRIBED AREA;

APPROVAL OF PLANS

Section 2 of Pub. L. 92-605 provided that: "This declaration [this section] shall apply only to portions of the above-described area which are filled or occupied by permanent structures. No such filling or erection of structures in the above-described area shall be commenced until the plans therefor have been approved by the Secretary of the Army who shall, prior to granting such approval, give consideration to all factors affecting the general public interest and the impact of the proposed work on the environment."

Chapter 3.-NAVIGATION RULES FOR HARBORS, RIVERS, AND INLAND WATERS GENERALLY

PRELIMINARY

§ 151. Demarcation of high seas lines. CROSS REFERENCES

Vessel bridge-to-bridge radiotelephone requirement and capability for vessels on navigable waters of United States inside lines established under this section, see section 1203 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1203 of this title. RULES CONCERNING LIGHTS, ETC.

§ 180. Lights of vessel at anchor.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 49 section 1655. NO VESSEL UNDER ANY CIRCUMSTANCES TO NEGLECT PROPER PRECAUTIONS

§ 222. Lights on war and Coast Guard vessels; exhibition suspended.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 49 section 1655.

Chapter 4.-NAVIGATION RULES FOR GREAT LAKES AND THEIR CONNECTING AND TRIBUTARY WATERS

§ 258. Lights of vessel at anchor.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 49 section 1655.

Sec. 535.

535a.

535b.

535c.

535d.

535e.

INTERNATIONAL BRIDGES [NEW]

Congressional consent to construction, mainte-
nance, and operation of international bridges;
conditions of consent.
Congressional consent to State agreements with
Canada and Mexico; Secretary of State's approval
of agreements.

Presidential approval; recommendations of Fed-
eral officials.

Secretary of Transportation's approval; commence-
ment and completion requirements; extension of
time limits.

Tolls, collection methods; annual report; audit.
Ownership.

(a) Sale, assignment, or transfer; Secretary
of Transportation's approval.

(b) State status of original applicant upon acquisition of right, title, and interest after termination of private entity licenses, contracts, or orders. Applicability of provisions. 535g. Federal navigable waters and commerce jurisdiction unaffected.

535f.

[blocks in formation]

undertake a full and complete investigation and study of existing Federal statutes and regulations governing toll bridges over the navigable waters of the United States for the purpose of determining what action can and should be taken to assure just and reasonable tolls nationwide. The Secretary shall submit a report of the findings of such study and investigation to the Congress not later than July 1, 1974, together with his recommendations for modifications or additions to existing laws, regulations, and policies, except that in the case of the toll bridge at Chester, Illinois, the Secretary shall submit a report to the Congress not later than December 31, 1973. §§ 527 to 533.

SECTIONS REFERRED TO IN OTHER SECTIONS These sections are referred to in section 526a of this title; title 49 section 1655.

INTERNATIONAL BRIDGES [NEW]

§ 535. Congressional consent to construction, maintenance, and operation of international bridges; conditions of consent.

The consent of Congress is hereby granted to the construction, maintenance, and operation of any bridge and approaches thereto, which will connect the United States with any foreign country (hereinafter in this Act referred to as an "international bridge") and to the collection of tolls for its use, so far as the United States has jurisdiction. Such consent shall be subject to (1) the approval of the proper authorities in the foreign country concerned; (2) the provisions of sections 491 to 498 of this title, except section 496 of this title, whether or not such bridge is to be built across or over any of the navigable waters of the United States; and (3) of the provisions of this Act. (Pub. L. 92-434, § 2, Sept. 26, 1972, 86 Stat. 731.)

REFERENCES IN TEXT

"This Act", referred to in the text, means Pub. L. 92-434. which enacted sections 535 to 535i of this title and amended section 129 (a) (3) of Title 23, Highways.

SHORT TITLE

Section 1 of Pub. L. 92-434 provided: "That this Act [which enacted sections 535 to 535i of this title and amended section 129 (a) (3) of Title 23] may be cited as the 'International Bridge Act of 1972"."

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 535b of this title.

§ 535a. Congressional consent to State agreements with Canada and Mexico; Secretary of State's approval of agreements.

The consent of Congress is hereby granted for a State, or a subdivision or instrumentality of either, to enter into agreements

(1) with the Government of Canada, a Canadian Province, or a subdivision or instrumentality of either, in the case of a bridge connecting the United States and Canada, or

(2) with the Government of Mexico, a Mexican State, or a subdivision or instrumentality of either, in the case of a bridge connecting the United States and Mexico,

for the construction, operation, and maintenance of such bridge in accordance with the applicable provisions of this Act. The effectiveness of such agreement shall be conditioned on its approval by the Secretary of State. (Pub. L. 92-434, § 3. Sept. 26, 1972, 86 Stat. 731.)

REFERENCES IN TEXT

"This Act", referred to in the text, means Pub. L. 92-434, which enacted sections 535 to 5351 of this title and amended section 129 (a) (3) of Title 23, Highways.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 535f of this title.

§ 535b. Presidential approval; recommendations of Federal officials.

No bridge may be constructed, maintained, and operated as provided in section 535 of this title unless the President has given his approval thereto. In the course of determining whether to grant such approval, the President shall secure the advice and recommendations of (1) the United States section of the International Boundary and Water Commission, United States and Mexico, in the case of a bridge connecting the United States and Mexico, and (2) the heads of such departments and agencies of the Federal Government as he deems appropriate to determine the necessity for such bridge. (Pub. 92–434, § 4, Sept. 26, 1972, 86 Stat. 731).

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 535c of this title.

§ 535c. Secretary of Transportation's approval; commencement and completion requirements; extension of time limits.

The approval of the Secretary of Transportation, as required by section 491 of this title, shall be given only subsequent to the President's approval, as provided for in section 535b of this title, and shall be null and void unless the construction of the bridge is commenced within two years and completed within five years from the date of the Secretary's approval: Provided, however, That the Secretary, for good cause shown, may extend for a reasonable time either or both of the time limits herein provided. (Pub. L. 92434, 5, Sept. 26, 1972, 86 Stat. 732.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 535h of this title. § 535d. Tolls, collection methods; annual report; audit. If tolls are charged for the use of an international bridge constructed under this Act, the following provisions shall apply, so far as the United States has jurisdiction, in the case of a bridge constructed or acquired by a private individual, company, or other private entity:

(1) Tolls may be collected from the date of completion of the bridge for a period determined by the Secretary of Transportation to be a reasonable period for amortization of the cost of construction or acquisition of the bridge, including interest and financing costs, and a reasonable return on invested capital.

(2) At the end of such period, the United States portion of the bridge and its approaches, if not previously transferred to a public agency pursuant to section 535e of this title, shall become the property of the State having jurisdiction over the United States portion of the bridge, and no further compensation shall be deemed to be due such private individual, company, or other private entity.

(3) An accurate record of the amount paid for acquiring or constructing the bridge and its approaches, the actual expenditures for maintaining,

repairing, and operating the same, and of the daily tolls collected, shall be kept and shall be reported annually to the Secretary of Transportation. Whenever he may deem advisable, the Secretary of Transportation shall audit, review, and inspect such records, books, accounts, and operations. (Pub. L. 92-434, § 6, Sept. 26, 1972, 86 Stat. 732.) REFERENCES IN TEXT

"This Act", referred to in the text, means Pub. L. 92-434, which enacted sections 535 to 5351 of this title and amended section 129 (a) (3) of Title 23, Highways.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 535e of this title. § 535e. Ownership.

(a) Sale, assignment, or transfer; Secretary of Transportation's approval.

Nothing in this Act shall be deemed to prevent the individual, corporation, or other entity to which, pursuant to this Act, authorization has been given to construct, operate, and maintain an international bridge and the approaches thereto, from selling, assigning, or transferring the rights, powers, and privileges conferred by this Act: Provided, That such sale, assignment, or transfer shall be subject to approval by the Secretary of Transportation.

(b) State status of original applicant upon acquisition of right, title, and interest after termination of private entity licenses, contracts, or orders. Upon the acquisition by a State or States, or by a subdivision or instrumentality thereof, of the right, title, and interest of a private individual, corporation, or other private entity, and to an international bridge, any license, contract, or order issued or entered into by the Secretary of Transportation, to or with such private individual, corporation, or other private entity, shall be deemed terminated forthwith. Thereafter, the State, subdivision, or instrumentality so acquiring shall operate and maintain such bridge in the same manner as if it had been the original applicant, and the provisions of section 535d of this title shall not apply. (Pub. L. 92-434, § 8, Sept. 26, 1972, 86 Stat. 732.)

REFERENCES IN TEXT

"This Act", referred to in subsec. (a), means Pub. L. 92-434, which enacted sections 535 to 5351 of this title and amended section 129 (a) (3) of Title 23, Highways.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 535d of this title.

§ 535f. Applicability of provisions.

This Act shall apply to all international bridges constructed under the authority of this Act. Section 535a of this title and section 129 (a)(3) of Title 23, shall apply to all international bridges the construction of which has been heretofore approved by Congress, notwithstanding any conflicting provision in any Act authorizing the construction of such a bridge or in any agreement entered into by the Federal Government and a State. (Pub. L. 92-434, § 9, Sept. 26, 1972, 86 Stat. 733.)

REFERENCES IN TEXT

"This Act". referred to in the text, means Pub. L. 92-434, which enacted sections 535 to 5351 of this title and amended section 129 (a) (3) of Title 23, Highways.

« iepriekšējāTurpināt »